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(영문) 대법원 2017.06.15 2017다212118
손해배상(기)
Text

The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

Reasons

The grounds of appeal are examined.

1. “The date when the injured party becomes aware of the damage and the perpetrator” under Article 766(1) of the Civil Act, which is the starting point of the short-term extinctive prescription of a claim for damages due to a tort, means the time when the injured party has practically and specifically recognized the elements of the tort, such as the occurrence of the damage, the existence of the illegal harmful act, and the proximate causal relation between the harmful act and the occurrence of the damage. Whether the injured party, etc. is deemed to have actually and specifically recognized the facts of the requirements of the tort should be reasonably acknowledged by taking into account

(2) On April 24, 2008, the lower court rejected the allegation by the Defendant, on the ground that it is difficult to recognize that the Defendant had known the fact that the false director advertisements around this time constituted tort, and that the Defendant had known the fact that the false director advertisements constituted tort. The lower court rejected the allegation as above, on the following grounds: (a) on November 18, 2011, which was the date of the first instance judgment that recognized the liability for damages caused by false or exaggerated advertisements in the lawsuit filed by the other buyers; and (b) on December 23, 2014, which was the date of the decision of the first instance, which was the date of the decision of the lower court, the date of November 18, 201

3. However, the lower court’s determination is difficult to accept for the following reasons.

(1) According to the reasoning of the lower judgment and the record, the following facts are recognized.

① There is a parking place adjacent to the instant apartment complex, and the said unit is located in the east of the said apartment complex at the west of the fourth line road. The unit’s fence is installed from the vicinity of the scheduled school site of the apartment complex to the middle of the apartment complex. The unit’s door is located at a distance of about 300 meters from the front door of the apartment complex to the middle of the apartment complex. The unit’s door is located at a distance of about 300 meters from the front door of the apartment complex, and the unit’s ammunition is 105 Dong-dong.

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